Car accidents can be disorienting and overwhelming experiences. According to the New Jersey Department of Transportation (NDOT), New Jersey residents have over 200,000 car accidents annually, and approximately 50,000 of those accidents result in injuries. New Jersey residents must understand the deadlines they face following a car accident. A missed deadline can result in accident victims losing the right to compensation.
An experienced Roseland car accident attorney at Brach Eichler Injury Lawyers can help injury victims understand the legal and insurance deadlines following a car accident. New Jersey accident victims should know the specific state deadlines they must meet. Our attorneys are well-versed in New Jersey’s specific legal requirements and can guide you through the legal process. Consult an attorney at Brach Eichler Injury Lawyers to help you with the legal process.
How Long After a Car Accident Can You Claim Injury?
How long after a car accident can you claim injury? According to New Jersey law, residents must file a written accident report with Motor Vehicle Services within 10 days of the accident. Drivers who do not file the accident report within the required period can face fines and even lose their licenses. The only exception to this rule is if the property damage is less than $500, and there were no injuries from the accident.
The accident report contains vital information, and promptly filing the report ensures that the information is as accurate as possible.
What is the Statute of Limitations in New Jersey?
The statute of limitations is the time limit within which a person must file a valid lawsuit under state law. According to New Jersey law, injured parties have a two-year window to file a lawsuit against the at-fault driver. The statute of limitations has a strict deadline. Plaintiffs who miss the deadlines cannot receive compensation. States have time limits on filing lawsuits because they want the courts to be able to handle cases.
New Jersey’s statute of limitations for car accidents depends on why the plaintiff sued. The statute of limitation for a lawsuit for physical personal injury is two years. The statute of limitations for property damages is six years. Plaintiffs should always seek to file the claim as quickly as possible to avoid losing critical evidence, however. The court dismisses the case if the statute of limitations runs out.
What is the Difference between an Insurance Claim and a Lawsuit?
Filing an auto insurance claim differs from filing a lawsuit. Insurance companies all have specific deadlines for filing a claim, so reviewing insurance policies for the most up-to-date information is necessary. Most companies require an accident victim to file a claim within 24 hours of the accident, but some companies allow a certain amount of time. Accident victims should contact the insurance company as soon as possible.
- Contact your insurance company.
- Review your policy coverages.
- Work with the insurance adjuster about the damage.
- Get your car fixed.
Accident victims must quickly act when dealing with auto insurance claims. Immediate action ensures that the process moves smoothly. The claim may only be allowed if the deadlines are adhered to.
What are the Steps to Reporting and Injury?
The most crucial step after any accident is to seek medical attention. It is essential for your physical well-being but also creates an official record of your injuries. The medical reports may be crucial in a lawsuit to show the extent of the harm.
Victims should gather as much evidence at the accident scene as possible. Obtain information from witnesses and all parties involved. Get all the contact information such as their phone number and insurance information. Witness statements are essential in backing up any claims you plan to make in the lawsuit. Additionally, take photos of the scene, including any damages and injuries, because visual documentation is valuable evidence.
The police report is also critical when filing a lawsuit. It contains vital evidence and observations from the officer responding at the scene. This report is considered an unbiased account of the accident.
Why is Establishing Fault Important?
Establishing fault determines which driver’s insurance company will cover the damages caused by the accident. Determining who is at fault is often complicated because the parties may dispute the facts of the case, but it is necessary to recover damages. Police reports photographs, and witness statements are evidence used to determine who is at fault.
New Jersey follows the “modified comparative negligence rule.” This rule allows the plaintiff to receive compensation if they are less than 50% responsible for the accident. You cannot receive damages if you are 51% at fault.
The plaintiff’s potential damages are reduced by how much the plaintiff is at fault. For example, if the plaintiff is 30% at fault and has damages of $20,000, they will only be rewarded $14,000. Gathering as much evidence as possible to present your case and prove fault is essential.
What are Common Pitfalls?
Accident victims may encounter many pitfalls to a successful claim. The most common issue is missing a necessary deadline. As previously stated, the accident victim should file a claim with their insurance company and report the accident as soon as possible. A skilled attorney may be necessary to understand some other important dates.
Keep copies of all medical treatment, medical bills, repair estimates, and any correspondence related to the accident and your claim. Taking photos of your injuries and the scene of the accident can also provide valuable evidence.
Should I Contact an Attorney?
Still unsure of how long after a car accident can you claim injury? Auto accident victims must understand and adhere to deadlines for injury claims processes. New Jersey law requires accident victims to file a written accident report with Motor Vehicle Services within 10 days, and the statute of limitations is two years from the accident date. Failing to meet these deadlines can result in losing your right to seek compensation for damages, such as lost wages and emotional distress.
Navigating the aftermath of a car accident can be overwhelming. A skilled attorney helps you understand your rights and the necessary steps. Consulting with a Roseland car accident attorney at Brach Eichler Injury Lawyers can make a significant difference in the outcome of your case. Don’t let missed deadlines jeopardize your right to compensation. Contact our team of lawyers today for expert legal guidance and support.
Contact the attorneys at Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation to discuss your personal injury claim.
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Written by: Brach Eichler Injury Lawyers Last Updated : August 29, 2024We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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